Muhammad v. Carlson
Opinion of the Court
Imam ’Shahid Muhammad (“Muhammad”), a prisoner at the United States Medical Center for Federal Prisoners in Springfield, Missouri (“MCFP”), appeals the district court’s
I. BACKGROUND.
Muhammad, a prisoner at Leavenworth Federal Prison, was transferred to MCFP because he had lost coordination in his legs and right hand. Blood tests indicated that Muhammad had developed antibodies against the AIDS virus. Pursuant to the Bureau of Prison regulations (the “Operations Memorandum” and “Institution Supplement”), Muhammad was classified as Pre-ARC
Muhammad brought a pro se complaint, contending that his transfer to, and seven-month confinement in, the restricted AIDS unit violated his due process rights to a hearing, and stigmatized him. The district court found that the complaint failed to allege conduct rising to the level of a constitutional violation and dismissed the complaint. Although we recognize that Muhammad’s pro se pleadings are entitled to a liberal construction, we nevertheless hold that Muhammad’s due process claim fails as a matter of law, and was properly dismissed by the district court.
II. DISCUSSION.
We begin with the familiar proposition that a liberty interest protected by the Due Process Clause of the Fifth Amendment may arise from two sources — the Due Process Clause itself and laws of the United States. Cf. Hewitt v. Helms, 459 U.S. 460, 103 S.Ct. 864, 74 L.Ed.2d 675 (1983); Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979). Muhammad does not contend that the Due Process Clause itself creates an interest in being confined in the general penitentiary population, nor do we believe he could. See Hewitt, 459 U.S. at 466-67, 103 S.Ct. at 868. Instead, he claims a liberty interest in prison medical regulations that establish procedures for the diagnosis, treatment and isolation of AIDS carriers.
This court’s decisions establish that a liberty interest may be created by prison regulations, Parker v. Corrothers, 750 F.2d 653, 656 (8th Cir. 1984), if those regulations impose substantive criteria which limit or guide the discretion of prison officials. Id. By contrast, a liberty interest is not created by a regulation which accords prison officials “unfettered discretion,” Connecticut Board of Pardons v. Dumschat, 452 U.S. 458, 466, 101 S.Ct. 2460, 2465, 69 L.Ed.2d 158 (1981), or authorizes prison officials to act “for whatever reason or no reason at all.” Meachum v. Fano, 427 U.S. 215, 228, 96 S.Ct. 2532, 2540, 49 L.Ed. 2d 451 (1976).
Whether the regulation is intended to limit the decision-making of prison officials or merely sets forth procedural guidelines for the exercise of authority, depends in large part upon the language of the regulation at issue and the nature of the predicates, if any, for exercise of that authority. Use of language of an “unmistakably mandatory character, requiring that certain procedures ‘shall,’ ‘will,’ or ‘must’ be employed,” Hewitt, 459 U.S. at 471, 103 S.Ct. at 871, coupled with what the Supreme Court terms “specific substantive predicates,” id. at 472, 103 S.Ct. at 871, indicates an intent to trammel prison officials’ discretion, and thus creates a liberty interest entitled to some degree of constitutional protection. Id.
With these principles in mind, we turn to the regulations Muhammad claims give rise to a liberty interest. Muhammad first urges that he has a liberty interest in his Pre-ARC classification because the regulations in both the Operations Memorandum and the Institution Supplement set forth specific criteria which limit the action prison officials could take in testing for the AIDS virus, as well as in classifying and housing inmates based on the test results. Muhammad points to the following provisions, among others, to make his argument: (1) language in the Operations Memorandum which provides that “[t]esting for the [AIDS] antibodies shall be performed only when determined by the Chief of Health Programs to be clinically indicated”; (2) the definition of “Pre-ARC” in the Operations Memorandum, which specifies that individ
It is apparent, however, that the “mandatory” language Muhammad relies upon relates only to the actual medical procedures for the diagnosis, treatment and isolation of AIDS-infected inmates. There is no language in these regulations from which a prisoner could reasonably expect that he would not be transferred to the AIDS unit without a chance to challenge his medical classification,
Muhammad also claims a liberty interest in regulations governing placement of prisoners in “administrative detention,” 28 C.F.R. § 541.22-23 (1987), because he was isolated in the AIDS unit without a hearing.
In closing, we emphasize that our refusal to find a liberty interest in procedures established for identifying, treating and isolating prisoners carrying the AIDS virus stems from more than just our reluctance to hinder prison officials' attempts to cope with the extraordinarily difficult problems AIDS poses in a prison setting. We believe the prison medical procedures at issue were not intended to limit prison officials’ administrative discretion, and the language setting forth the procedures supports our conclusion. More importantly, Muhammad’s transfer to the AIDS unit was due to his medical condition, and not to any misbehavior, or need for individualized protection. Judd, 669 F.Supp. at 743. Accordingly, the decision of the district court dismissing Muhammad’s complaint is affirmed.
. The Honorable William R. Collinson, Senior United States District Judge for the Western District of Missouri.
. AIDS is the accepted acronym for Acquired Immune Deficiency Syndrome, a disease characterized by infection with Human T-cell lym-photrophic virus type three (HTLV-III virus). To avoid confusion, we will refer to the HTLV-III virus as the AIDS virus throughout this opinion.
.In the Operations Memorandum, AIDS is defined as the [AIDS] virus plus opportunistic secondary infections like cancer or pneumonia, which take advantage of the immunological system’s reduced ability to fight off disease; ARC (AIDS Related Complex) is defined as infection
. It would be an extraordinary regulation that would allow Muhammad to insinuate himself in the diagnostic procedure by challenging his medical classification, for such a regulation would have to provide inmates the opportunity for a second medical opinion in order to be effective. If such a regulation exists, it has not been brought to our attention.
. Although he has been released from the AIDS unit at MCFP, Muhammad claims damages for the alleged violation of his due process right to a hearing under the constitutional tort doctrine announced in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Because we hold that Muhammad does not have a liberty interest in the prison regulations he relies on to make his claim, we do not decide whether or not abrogation of a right to a hearing is compensable under the Bivens doctrine.
. We wish to thank Muhammad’s appointed counsel, Kirk T. May, for the excellent representation he provided.
Reference
- Full Case Name
- Imam 'Shahid MUHAMMAD v. Norm CARLSON, U.S. Federal Bureau of Prisons C.A. Turner, Warden Robert Brutsche Joseph S. Petrovsky George Killinger Wayne Seymore Alice Conroy E. Stanley Nelson, M.D. Donald Lieberwitz, M.D.
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- 12 cases
- Status
- Published